International Journal of Secondary Education 2019; 7(2): 44-50

http://www.sciencepublishinggroup.com/j/ijsedu

doi: 10.11648/j.ijsedu.20190702.14

ISSN: 2376-7464 (Print); ISSN: 2376-7472 (Online)

On Cultivation of Legal Personnel Concerning Foreign Affairs in China---Using Legal English Education as the Breakthrough

Zhu Jie

School of Humanities, China University of Political Science and Law, Beijing, China

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To cite this article: Zhu Jie. On Cultivation of Legal Personnel Concerning Foreign Affairs in China---Using Legal English Education as the Breakthrough.

International Journal of Secondary Education. Vol. 7, No. 2, 2019, pp. 44-50. doi: 10.11648/j.ijsedu.20190702.14

Received: April 28, 2019; Accepted: May 31, 2019; Published: July 4, 2019

Abstract: With China’s active participation in international competition, Chinese market is in need of the legal personnel

concerning foreign affairs who are both good at English and law. Therefore the traditional “Law + English” teaching mode can

hardly undertake the training task, so the reform is necessary. With deep analysis of market demand as well as the

establishment of completed course system, the legal English teaching should be included under the background of education

for legal personnel concerning foreign affairs, and varied colleges could design their own courses at different levels based on

their own characteristic and the capabilities of students; the National Legal English Certificate Test should be introduced as the

professional evaluation for legal personnel concerning foreign affairs; legal professionalism cultivation should also be carried

out during the whole teaching process in order to build up moral diathesis and professional ethics for students.

Keywords: Legal English Education, Legal Personnel Concerning Foreign Affairs, Market Demands

1. Introduction

During the development of international relationship, the

process of the civilization is the transition from violence to

diplomacy, from diplomacy to law. With the globalization, the

politics, economy and culture of countries all over the world

inevitably intertwined together, and the conflicts has always

been with cooperation and mutual benefit. All the problems

during China’s opening up, no matter political level, economic

level or citizen level, should be solved through legal channel

eventually. Globalization infinitely enlarged connotation of

“law”, since many problems are ultimately legal issues.

Globalization has promoted “legal globalization”, which

meanwhile requires “globalization of legal personnel”.

However, due to the failure of current legal personnel

education, there are few interdisciplinary talents could

conduct foreign legal service, which block China’s opening up

to outside world and contribution to the world economy.

Meanwhile, although Chinese kids learn English even in

kindergartens, “at present, in various foreign-related issues,

the compound high-end talents of foreign studies are limited,

not to mention the international talents who are good at

foreign languages and directly participate in the international

cooperation and competition” [1]. The urgent demand of

market and national macro policies have given severe

challenge and requirement for college education on

interdisciplinary talents, and the time grants historical mission

of fostering the legal personnel concerning foreign affairs who

are both good at English and law to the higher education.

2. Literature Review

Due to the urgent demand of legal personnel concerning

foreign affairs as well as the higher education reform in China,

many scholars have already made fruitful researches on the

related topics which serve as the foundation for my study. As

the doctoral supervisor in China University of Political

Science and Law, Professor Zhang Falian specializes in

cultivation of legal English talents and legal English teaching,

who published several papers with high academic value on

related issue. In his paper “On Cultivation Mechanism of

Compound Talents of Legal English in New Era”, he proposes

a general idea of building legal English talents training

mechanism for a new era, elaborating the specific path for the

International Journal of Secondary Education 2019; 7(2): 44-50 45

construction of talents training mechanism from the aspects of

talent training objectives, curriculum design, teaching staff

development, and legal English talents evaluation mechanism

[2]; in “Cultivation of Legal English Talents Seen from

National Strategies”, he suggests from the perspective of

talents cultivation, globalization brings legal English new

contents and requires that legal English talents be international,

interdisiplinary and application-oriented. To cultivate talents

of this type schools of higher education need to follow a

multi-dimentional and long-term course of development and

be guided by the principle of “diversification”,

“profesionalization” and “with characteristics” [3]; and in his

another paper “On systematic Design of Compound Talents of

Legal English Cultivation Mode”, he suggests schools of

foreign studies should take action firstly, actively make full

use of legal resource in its university, set up cultivation goal

scientifically, enhance the international cooperation, and

break down the traditional curriculum mode in order to

explore the creative mode for legal English teaching [4].

Many scholors wrote influential papers on college English

education reform, such as: in Cai Jigang’s paper “Review of

Chinese Tertiary English Education: Failure and Lessons”, he

critisizes English education failed to produce tertiary

graduates who have competitive competence in the

international arena of economy, science and technology. And

the failure could be attributed to its orientation to the teaching

English for general purposes rather than for specific purposes,

the neglect of English as a tool to communicate in disciplinary

studies, the low institutional status of college English teaching

and the failure of the government’s foreign language

requirement to be expressed in tertiary English education

policies [5]; in Professor Wang Shouren’s paper “Some

Thoughts on College English Teaching in China”, he

summorizes the problems in current college English education,

and suggests strengthening college English teaching reform in

China, clarifying the mission and task of College English

teaching, establishing college English course systems [6]; in

the paper “Social Needs and Foreign Languages Faculty

Development”, Professor Shu Dingfang suggests universities:

to promote foreign language curricula is to merge the English

Language Department with the Department of College

English so that the courses they offer to the target students

can be complementary and faculty members can have more

opportunities for professional development. The new foreign

language community can form different learning units with

able leaders and come up with top-level course designs to

integrate foreign language courses into the overall university

talent development blueprint and to contribute to the

internationalization of the university and itself [7].

3. The Analysis of Chinese Current

Situation of Legal Personnel

Concerning Foreign Affairs

With China’s active participation into international division

of labour, the foreign legal affairs shot up, and the market

urgently demands legal personnel concerning foreign affairs

to safeguard China’s opening up, however the education mode

of Chinese colleges is too rough to foster the qualified legal

personnel concerning foreign affairs. Therefore through

macro policy level, Chinese government actively leads and

encourages the colleges to integrate educational resource, to

reform the teaching mode, and to cultivate qualified applied

and compound legal personnel concerning foreign affairs. At

present, with China’s active opening up to the outside world,

Chinese companies widely take part in the international

division of labour, which also brings forward Chinese citizens

to gradually go outside to foreign countries, getting along with

more and more foreign civil and commercial legal business.

3.1. The Surge of Chinese Foreign Legal Service

Under the background of China’s participation into world

economy, Chinese foreign trade has suffered from serious

conflicts, partly due to unfamiliarity with the “rule of game”

and trade protectionism of some countries, so Chinese

government and enterprises have no option but positively

answer the lawsuits, and fight for no measure outcome;

besides foreign trade, according to 2017 Statistical Bulletin of

China’s Outward Foreign Direct Investment [8]: until the end

of 2017, stock of China’s foreign direct investment was 1.8

trillion US dollar, ranking 2nd all over the world……the

amount of China’s FDI ranked 3rd of 158.3 US dollar. While

the complication of overseas investment market, the stagnant

of related Chinese foreign investment codes, the incompletion

of legal protection mechanism of overseas direct investment,

as well as the investor’s incomprehension to the laws and

regulations of investing country, and even the ignorance of the

culture and custom of investing country, would bring huge

danger to FDI of Chinese enterprises; meanwhile a large

amount of Chinese citizens go outside to foreign countries: in

2017, the total amount of China’s entry-exit personnel reached

to 598 million, year-on-year increase of 4.76%, among them

the total amount of Chinese mainland residents entry-exit

personnel reached to 292 million, year-on-year increase of

6.73%. Opposite to the rapid growth of outbound population,

the personal safety and related rights and interests guarantee

of overseas Chinese citizens have turned to be serious day by

day. Besides personal security issues, Chinese citizens become

in need of foreign legal services for overseas study, investment,

immigration, and even violation of law.

3.2. The Sharp Shortage of Local Legal Personnel

Concerning Foreign Affairs

To the contrast of the market’s sharp demand of legal

personnel concerning foreign affairs: until 2013, there were

only 3000 lawyers specializing in foreign legal affairs, among

them no more than 200 lawyers could independently conduct

foreign arbitration and cross border lawsuit, and less than 50

lawyers could conduct “anti-dumping, countervailing,

measure of safeguard, and special safeguard measures” cases,

as well as no more than 20 lawyers could participate in dispute

settlement cases in WTO. [9] The investigation data to large

46 Zhu Jie: On Cultivation of Legal Personnel Concerning Foreign Affairs in China---Using Legal

English Education as the Breakthrough

law offices indicated that even in large-scale law firms, there

were few lawyers provide foreign legal services (Figure 1):

Figure 1. The percentage of lawyers concerning foreign affairs in law

firm[2]75.

Therefore, Chinese enterprises and individuals were force

to hire foreign lawyers to solve legal issues concerning foreign

affairs with high salary: “Even in Shanghai where the legal

service market concerning foreign affairs is more advanced,

the world top 10 foreign law firms set up offices in Shanghai.

Thus the legal services in Shanghai are possessed by these

foreign firms, while the local lawyers turn to be ‘the

underprivileged’”. [10] However, the legal services provided

by foreign lawyers can’t fully satisfy the demand of Chinese

enterprises even paid high, what actually enterprises need is

the local lawyers who could provide high level foreign legal

services (Figure 2):

Figure 2. The advantages of Chinese lawyers compared with foreign lawyers

considered by enterprises.

3.3. The Hysteresis of Traditional “Law + English”

Teaching Mode

The compound legal talents education in China may date

back as early as 1980s, but the traditional teaching mode

couldn’t foster qualified legal personnel concerning foreign

affairs based on the recent market demand. There were two

types of “law + English” teaching mode: One was category

into “English for Special Purposes” (ESP). The textbook

was English with 15 to 20 chapters, and each chapter simply

introduced British and American legal systems (including

brief introduction of legal system, constitution, criminal

law, contract law, torts, business law, and etc.). As a course

with only 36-72 class periods, the result for thoroughness

made the course a mere formality, and students tired of it,

which couldn’t achieve the expected effects; Another was

carrying out bilingual teaching of law, which adopted

foreign original textbook directly, and taught professional

law course in English. But legal language in Britain and

American has its unique vocabularies, sentence patterns

and texts, which were hard to understand merely by

referring dictionary. Without professional training, even

English natives felt frustrated in front of the esoteric

articles, not to mention Chinese students as the second

language learners. If it was difficult to follow the language,

it would be even harder to study the foreign legal

knowledge. It’s quite obvious the teaching objective of both

modes was over-ambitious, and the teaching process turned

to a mere formality which led to the waste of educational

resource, and was impossible to foster the qualified legal

personnel concerning foreign affairs. So the reform which

includes fostering plan, majors, and subject construction is

imperative, and should closely link with reality as well as

the market demand.

4. The Legal English Education ---As the

Breakthrough to Foster Legal

Personnel Concerning Foreign Affairs

In order to meet the urgent market demand, the new legal

English discipline which mainly teaches American law in

English has created, shifting the backward “law + English”

talents fostering mode. The establishment and completion of

the new mode could benefit the harmonious integration and

coordinate development of both disciplines, optimize the

educational resource in colleges, and make full use of the

advanced majors in college in order to foster high level,

multi-tiered legal personnel concerning foreign affairs who

may satisfy the refined market requirement.

4.1. Using Talents Who Are Both Good at English and Law

as the Fostering Objective of the Legal Personnel

Concerning Foreign Affairs

Since English is the world universal language and the

leading role of common law, especial American law in

international affairs, the recent fostering objective of legal

personnel concerning foreign affairs is to educate compound

talents who are “both good at English and law”. If fostering

legal personnel concerning foreign affairs could serve as the

“breakthrough”, legal English is the “breakthrough” to foster

legal personnel concerning foreign affairs, and American law

is “the road ahead”:

International Journal of Secondary Education 2019; 7(2): 44-50 47

4.1.1. The Importance of English in Foreign Legal Affairs

With globalization, the concept of “global village” has been

widely accepted all over the world, and the obligation to adjust

social relationship shifting from sovereign states to

international organizations, and international conventions

gradually turned to important component of national source of

law: “until now, China took part in more than 100

inter-governmental organizations, and signed almost 300

multilateral international treaties” [11] (Figure 3):

Figure 3. The countries and regions where Chinese lawyer could provide

legal service [2]74.

Among the 21 countries or regions, 10 of their official

languages are English, and the business volume accounted

for more than 10%. And the survey of working language of

lawyers concerning foreign affairs indicated that (Figure

4):

Figure 4. The working languages of lawyers concerning foreign affairs [2]74.

Among 229 foreign law firms in China, “there are 142 firms

from American and Britain setting up their branches,

occupying 62% of all foreign branches in China”. It’s

indicated together with the data in figure 3: the business

volume of Chinese lawyers towards both America and Britain

was obviously more than other countries’, and the major

commercial and trade partners of Chinese enterprises are from

these two powerful countries, and English is no doubt

mainstream legal languages. Before the education of legal

personnel concerning foreign affairs could develop to include

languages of all countries and regions having business with

China, it’s the top priority to concentrate teaching resource,

and foster legal personnel concerning foreign affairs who are

both good at English and law.

4.1.2. The Importance of American Law in Foreign Legal

Affairs

To the legal personnel concerning foreign affairs, “both

good at English and law” means besides knowing Chinese law,

it’s necessary to master foreign law, while the extension of

foreign law is too broad lacking guiding significance. It’s

impossible to study all as the applied talents conducting legal

practice, but to choose the most influential, widely applied,

and systematically completed foreign laws--- American law is

no doubt best choice:

First of all, American law is the most completed and well

developed legal system, which has most influential power

worldwide, and is valuable to learn from the jurisprudence

research angle. As we all know, American law is the classical

representative in common law system with broad contents,

includes both traditional case law and new written law; united

federal law and states law. Meanwhile, American law is

worldwide influential, and is meaningful to learn because not

only many countries are researching and borrowing from

American law, but also a lot of international conventions refer

to the ideas, principles and rules of American law too. [12]

Secondly, both China and America has built up the close

economic tie since China’s entry of WTO: China is the biggest

trading partner of America, third commodity export market

and biggest importing country; America is the second trading

partner and biggest importing country. With economic mutual

benefit, the litigation and non-litigation legal business has

increased sharply. figure 3 indicates that among all the foreign

legal business Chinese lawyers conducted, 61% were with

America which is much higher than with other countries and

regions.

Finally, America attempts to control the world economy

through legal output. What America amazing the world is the

strong top-level design of its legal system. From “world police”

to “global judge”, relying on economic foundation, refined legal

system output, as well as regulated management, America

controlled 80% of the cross-border enterprises, which is the real

competitive power of America [13]. By making full use of

Export Control Regulations, Prevention of Bribery Ordinance,

Sarbanes–Oxley Acts, America reasonably and legally

controlled cross-border enterprises which have no relationships

with America under the name of justice, incorruptibility and

fairness, covering the whole world. In other words, cross-border

enterprises between China and any country may be controlled by

America, which means China couldn’t avoid American “Long

arm jurisdiction” if insisting on opening up policy. The only

thing we could do is to know American legal system at all round,

then analyze and study on countermeasure based on vast cases.

4.2. The Legal English Course Design Satisfying Market

Demand

Due to the current shortage of legal personnel concerning

foreign affairs, varied colleges are eager to foster the

48 Zhu Jie: On Cultivation of Legal Personnel Concerning Foreign Affairs in China---Using Legal

English Education as the Breakthrough

compound talents who are both good at English and law to

meet the market demand. As the important fruit of college

English education reform, the legal English course has

received broad emphasis and development. Although the

name of the course has presumably long been in China, the

new time background and market demand give it new

intension and mission. Even the course belongs to

inter-disciplinary course, but it isn’t simply equivalent to

“law + English” with the necessary nature as a systematic

discipline. Under the background of market’s urgent demand

of local legal personnel concerning foreign affairs and more

foreign law firms enter Chinese market, the colleges need to

design market oriented legal English curriculum system with

its college’s characteristics by clarifying the teaching

objective, regulating curriculum system, and fostering

qualified teaching staff.

4.2.1. The Linguistic Nature of Legal English Course

The definition of legal language by Oxford Dictionary of

Law is: Confront of the highly professional linguistic mode,

even for English natives, it’s essential to learn the language

of law as well as how to use that specific language in legal

practise. In other words, it’s necessary to start from legal

language in common law system no matter to learn American

legal system or English: The objective of legal English

teaching should be improving the real application capability

of English, and to learn how to solve legislation, jurisdiction,

litigation and non-litigation legal affairs, as well as legal

academic research.

In many colleges, legal English course has coexisted with

general English course, bilingual course and other course

modes, so it’s unavoidable to confuse the nature and type of

the course. Based on the disciplinary characteristics of legal

English, as the important branch of ESP, legal English course

should belong to English course system, which is the

advanced course for general English as well as the

“preparatory level” of bilingual course. After all, legal

English course is an English course, it’s improper to teaching

legal knowledge by English without solid linguistic

foundation. During the process of legal English teaching, it’s

necessary to strengthen the training intensity and exam

proportion of the output skills, such as: listening, speaking,

reading, writing, translation, and etc., in order to equip

students with solid foundation for legal English practice and

foreign legal affairs in the future. While the proportions of

English study is the whole curriculum system isn’t constant,

it could adjust based on students’ English level and different

teaching periods (Figure 5):

Figure 5. Proportions of law and English study.

4.2.2. The Design of Hierarchical Legal English Course

Chinese demands for legal talents are multi-directional and

multiple-level, without all-round consideration, it may cause

varied college’s blind development and repeated construction

of the course, which will not only damage the tentative legal

English curriculum, but also bungle national development,

and waste educational resource, as well as mislead students.

More than 600 law schools in China have their own regional

and school-based characteristics, varied in educational

resource, disciplinary basis, and students’ capabilities, the

“one-size-fits-all” curriculum construction mode fails to

satisfy different teaching units. Therefore, based on real

situation, the teaching main body of legal English could be

divided into two types:

Figure 6. The division of teaching main body of legal English in Chinese

colleges.

Category A needs to achieve the goal of advanced period

of legal English teaching; Category B needs to reach the goal

of fundamental period of legal English teaching which is the

minimum requirement of college legal English to students.

As regards the students in the same college with different

foundations and levels, their teaching objectives also need to

be further divided:

Figure 7. Division of legal English teaching objectives in Chinese colleges.

International Journal of Secondary Education 2019; 7(2): 44-50 49

The six fundamental American branches law includes:

constitution, contract law, property law, torts, evidence law,

criminal law/ criminal procedural law, which are the major

branches law to support American legal system, as well as the

basic legal knowledge that students need to master; "6+X"

means: besides those six fundamental legal sectors, students

may learn one or two branches law relating their professions

and research field, such as: intellectual law, corporation law,

international law, and etc. And the "X" should combine market

demands and school-based characteristics so as to foster the

compound talents both mastering solid legal knowledge and

specializing in foreign legal service.

4.2.3. The Qualification Evaluation for Legal Personnel

Concerning Foreign Affairs

Due to the professionalism and complexity of legal

personnel concerning foreign affairs, the ordinary

“Qualification Examination for Legal Practitioners” and

“College English Test Band 4/6” can’t correct evaluate the

qualification of the legal personnel to conduct foreign affairs.

Without unified standard in market, it easily leads to the

market chaos of foreign legal service, and brings damage to

the clients as well as the competition with foreign law firms.

Therefore, market also needs the authoritative certificate to

the qualification of those legal personnel when colleges

promote legal English education---”National Legal English

Certificate Test” may hold this task.

The committee of the test entrusts China University of

Political Science and Law and Beijing Foreign Studies

University to organize the specific works, which is the only

professional test to assess the qualification of the examinees

when conducting foreign legal affairs. The question types

and contents are similar to American Bar Exam, and

emphasize on the characteristics of the legal English

application by adding legal English translation in accordance

with the real practice in China, which has received

acknowledgement of some American law schools. Since its

introduction in 2008, LEC has become the authority to prove

the qualification of professional English capability of legal

personnel concerning foreign affairs with its scientific

design of test and the overall good reputation and credibility

[14]. This certificate could provide reference to the

employing unit and enterprises or individuals who demand

foreign legal services, as well as regulate the related market.

Especially under the background that ministry of education

hasn’t made any detailed guidance yet, and some colleges

opened legal English course blindly, LEC could serve as the

“baton” of the teaching objective, mode and contents of legal

English course, the pass rates is one of the key index to

evaluate the teaching result of legal English course in a

certain college as well.

4.2.4. The Fostering of Legal Profession Attainment

As the legal personnel who hold the legal weapon to

defend fairness and justice, their daily works are reading

boring articles and solving technical legal affairs, but their

wisdom above the technical level are in need: to find out the

truth through complicated affairs with precise judgment; to

provide cautious suggestion to solve tough problems; and to

concern social welfare, as well as serve the public. So legal

professional accomplishment education should adhere to

every teaching process, and influence students imperceptibly

in order to build up correct value direction. Although

market’s demands for the techniques of legal personnel

concerning foreign affairs are changeable, the pursuit to

legal personnel’s virtuous legal professional

accomplishment is eternal.

Therefore, as regards the fostering of legal personnel

concerning foreign affairs, it’s necessary to enhance the

students’ general education and expand the knowledge

besides profession; the legal English teachers need to add

legal philosophy, logical thinking, legal culture, and other

knowledge in the teaching process in order to foster students’

precise legal thinking, analyzing situation both at home and

abroad rationally and objectively, strengthening sense of

social responsibility, building up good moral quality and

professional accomplishment, otherwise legal majors may

have the chance to descend to delicate egoists, and pursue

self-interests through legal skills so as to bring harm to

society. All in all, “legal personnel seemed to have the

extreme favor towards the system, but the cruel reality told

us: even with the good system, the law easily turned to the

waste paper without profound humanistic spirit and the

fundamental conscience, not to mention operated smoothly

which was only the fantasy. “This brings higher requirement

for legal English teachers who need to possess great morality

and broad vision so that they could lead students to become

the legal talents with both ability and moral integrity.

5. Conclusion

In the new situation, the national development raises the

new challenge for intellectual support of institution of higher

education, and the new requirements are proposed based on

its demand to talents. In response, the talent cultivation mode

should adjust accordingly. [15] The nature of law is to solve

contradiction, and mediate conflict, which has the strong

facticity. The fostering of legal talents, especially legal

personnel concerning foreign affairs, should keep pace with

time, and closely relate with practice. As the practical crossing

discipline combined with both jurisprudence and English

linguistics, legal English education should develop with the

driving force of the market, and foster the qualified legal

talents to satisfy its demand. Therefore, the legal English

education should be involved into the background of Chinese

reform and opening up, and conduct deep analysis of market

demand, so as to encourage different colleges to set up their

curriculums on their own characteristics and students’ level

flexibly on the basis of the completed establishment of the

curriculum system.

"This paper is the stage achievement of 2018 Philosophy

and Social Science Planning Project in Henan Province “On

‘Team Teaching’ of Legal English Translation” (2018BYY002);

2018 PhD Innovation Practice Project in China University of

Political Science and Law “The Teaching Research on

50 Zhu Jie: On Cultivation of Legal Personnel Concerning Foreign Affairs in China---Using Legal

English Education as the Breakthrough

curriculum of ‘English Legal Literature’” (2018BSCX42)".

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